Deborah L. Feinstein: Four design features of ACOs that raise red flags for antitrust agencies

1. preventing payers from steering patients to certain providers
2. tying sales of the ACO’s services to the private payer’s purchase of other services from providers outside the ACO
3. requiring exclusivity that discourages providers from contracting with payers outside the ACO
4. restricting a payer’s ability to make available to enrollees information on cost, quality, efficiency, and performance

Notes: Deborah L. Feinstein is the Director of the Federal Trade Commission's Bureau of Competition. This list is from her presentation at the Fifth National ACO Summit.
Source: "Antitrust Enforcement in Health Care: Proscription, not Prescription," Fifth National Accountable Care Organization Summit – Washington, DC
Source URL: http://www.ftc.gov/system/files/documents/public_statements/...

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